Summary Case Management

The arrangements for the conduct of summary case management (SCM) across Scotland are set out in Practice Note 1 of 2025 (PN).

The PN provides guidance on the practices which the Crown and the defence will be expected to adopt. This note explains the steps being taken by the Crown and how they may assist the defence. This should be considered alongside local arrangements which are in place in each area.  

COPFS is committed to engagement with defence colleagues at the earliest opportunity. If you would like to engage, or have any questions about the Crown’s approach to SCM, contact the relevant local SCM mailbox. 

Domestic abuse cases

Summary Case Management applies to all summary cases involving a charge of domestic abuse (DA).

1. Police submit ‘key evidence’ to COPFS along with Standard Prosecution Report (SPR). The police summary will continue to be disclosed with the complaint.
2. Case markers decide how case will proceed. Key evidence is the evidence required for proof of the offence, such as a statement from the complainer or other eye-witnesses, photographs, video and any forensic evidence. This enables case markers to make more informed decisions at the outset about how a case should proceed.
3. Schedule of key evidence created. A ‘schedule of key evidence’ will be completed by the marker to assist the court depute, confirming the key evidence, its probative value, and whether it has been received from the police at that point. Any exculpatory information should also be noted.  
4. No acceptable plea letters. The marking depute will also note what they consider to be an acceptable plea, based on the information available to them at the time of marking. This is to assist the depute in court, but will not be binding on them, as they may consider any further information received, including any representations made by the accused’s lawyer.  Acceptable plea letters will no longer be provided with summary complaints.
5. Evidence capable of agreement considered by marker. Case markers will also note any evidence that may be capable of agreement to narrow the scope of any trial and limit the number of witnesses cited.  

Non-DA Cases

1. All non-domestic summary cases will be considered in accordance with the aims of SCM. In non-DA Summary cases, the marking depute will consider and note what plea may be acceptable and any evidence that may be capable of agreement.
2. Marker identifies specified evidence and potential pleas. Police do not routinely provide evidential material with the police report, but the marker assess whether a specific piece of material may assist with a plea, or the resolution of issues. The marker will note any such material and its probative value, for example CCTV evidence which captures the offence. The defence or the court may also identify material which is likely to assist with a plea or the resolution of issues.
3. Specified evidence requested from the police. Such evidence can be requested from the police and supplied to the defence before the accused enters a plea. Any specified material should be supplied by the police within 14 days of the request.
4. Noting potential for early resolution
   Even if there is no such specific material, the marker will note where early resolution may still be likely, for example where the accused has made clear admissions.

Undertakings and Cited cases

Notify your interest as soon as possible using the relevant SCM mailbox

This will enable discussions and disclosure to take place at the earliest opportunity. Any representations made prior to the case being marked will be taken into consideration during the marking process.

If your client is released from police custody on an undertaking, a notice advising them to contact their solicitor in advance of the hearing will be attached to the undertaking form. The form contains contact information for the relevant COPFS office.

Where the case has been marked for summary proceedings, a copy of the complaint, summary of evidence and previous convictions will usually be available from the local fiscal’s office in advance of the first appearance date.

Similarly, if you wish to discuss a cited case in advance of the first appearance then please notify us of your interest as soon as possible. 
Defence solicitors may request disclosure material in advance of the first calling if this is likely to assist with resolution of the case.

Earlier notification of such requests will allow the case to progress more efficiently.

Pre-appearance engagement

COPFS is committed to engagement with defence colleagues at the earliest opportunity. 

To engage with the Crown, email the relevant local SCM mailbox providing your client’s details, any relevant court date, and a letter of engagement. A depute will contact you as soon as practicable.

In all DA cited and undertaking cases, the key evidence will be available in advance of first appearance and can be disclosed upon receipt of a letter of engagement. In non-DA cases, specified material can be requested from the police before first appearance and where available, will be disclosed upon receipt of a letter of engagement. 

Submit the Letter of Engagement (LOE) as soon as possible to SCM mailbox.

It is not possible for the Crown to disclose evidence until the LoE has been received. The PN sets out that “defence agents will be expected to submit letters of engagement to the Crown immediately upon receiving instructions to represent an accused”.

LoEs should be provided to the Crown, where possible, in advance of first appearance or as soon as possible thereafter. Where the LoE is received in advance of first appearance, disclosure of key evidence or, if available, specified evidence, can take place prior to the case being called. This will facilitate early disposal or case management and reduce churn. 

Early disclosure of “key evidence” (DA) or “specified disclosure” (non-DA) at early stages is integral to SCM.

If there is any further material to be disclosed, it will be provided following a not guilty plea.

Defence Agent Service (DAS)

• New digital platform to securely access disclosure material and case information
• Digital Evidence Sharing Capability (DESC) evidence accessed through DAS without separate process or login
• Replaces SDS and Egress

DAS is a new digital platform for defence agents to securely access disclosure material and case information. It provides solicitors with online access to digital services and information about cases and allows them to engage earlier with prosecutors.

DAS holds all a defence agent’s case material in the one place and allows them, or their approved delegates, to access that material throughout the lifetime of a case.  

The Defence Agent Service (DAS) explained video shows what to expect when using DAS.

• Sheriff follows case management process
  In all summary cases, the sheriff will have a copy of the summary of evidence at the first calling to enable them to conduct effective case management. This will be removed from the court papers if the case proceeds to a trial.
• Deputes are expected to engage with the defence. They are encouraged to exercise their professional discretion confidently during any discussions about plea. 
• If accused is remanded in custody, further SCM process will not apply. The court will expect meaningful discussions to continue.  In practice, this means that where the accused is appearing from custody, submissions and a decision regarding bail will be made prior to any judicial case management.

Domestic abuse cases 

• Case management at first calling unless guilty plea. If further time is required for disclosure or for the defence to take full instructions, the case will be continued without plea for a period of up to 3 weeks.
• Trial fixed only after resolution and agreement of evidence explored. A trial will not be fixed until parties have fully explored resolution, engaged in meaningful discussions regarding the agreement of evidence and case management has taken place.

Non-DA Cases

• Case management at first calling if specified evidence provided in advance. If additional time is required, for either disclosure or instructions, the case will be continued without plea for a period of up to 4 weeks. 
• If no material provided, but disclosure may have bearing on plea or resolution. If no material has been provided at the first calling but the Crown or defence identify that disclosure of specified evidence may have a bearing upon a plea or resolution of issues, the case may be continued without plea for a period of up to 4 weeks. This will allow disclosure to take place and the defence to obtain full instructions. The court will proceed to case management at the continued diet if the case is not otherwise resolved.  
• Not guilty plea. If a plea of not guilty is tendered, the court will take a proactive approach to case management before assigning a trial diet. 

During the Case Management Hearing, either at the first calling or CWP diet, parties will be expected to address the court on:

1. Whether a LoE has been submitted
2. The position regarding disclosure
3. What matters are in dispute and the nature of the defence
4. Agreement of evidence
5. Any outstanding issues in the case

The presiding sheriff will complete a case management note, a copy of which is attached to the PN. The case management note will remain with the court papers throughout the life of the case and will be available to the sheriff should any issue arise at a later stage. 
Following the Case Management Hearing, COPFS will ensure that only essential witnesses are cited for trial. 

If the case has gone through the case management process, PIDMs and Intermediate Diets will be dispensed with unless the sheriff considers them necessary, and the reasons for that must be noted by the presiding sheriff.  
COPFS will use its trial review process to ensure that cases are ready to proceed at the first trial diet. If an issue arises before the trial date which may prevent it from proceeding, the Crown may seek to accelerate the case in terms of section 134 or 137 of the Criminal Procedure (Scotland) Act 1995. There is a similar expectation where the defence may not be able to proceed.  

The existing Advice and Assistance, Assistance by Way of Representation (ABWOR) and Summary Criminal legal aid applications can be used for SCM cases.  

New regulations introduced in November 2022 allow the fixed fee to be paid under Advice & Assistance or ABWOR prior to the first appearance, once the Crown have issued a complaint, or before the complaint is formally issued, where a decision has been made by the Crown to prosecute the case and the solicitor has confirmed they are acting.  

Further, it has also been agreed that where a client does not qualify for ABWOR, a Notional Trial Diet can be fixed instead of a CWP diet to allow the case to be case managed. This will allow time for the Summary Criminal Legal Aid application to be submitted and will ensure that the Crown do not cite witnesses. This Notional Trial Diet will be treated as a Case Management Hearing in the same way as a CWP case.

Also see the fact sheet about legal aid arrangements for Summary Case Management. 

Local Implementation Groups (LIGs) will be in place in each of the Sheriff Courts where SCM is live or pending. The group will be chaired by the Lead Sheriff for SCM, and will have representation from the Crown, the defence, Police Scotland and SCTS. The members of the group meet regularly to monitor progress and work collaboratively to identify and resolve any local barriers to the effective implementation of SCM. 

COPFS has new approach to enhanced and early engagement.

COPFS have introduced a new approach to engagement with victims of domestic abuse in summary cases. The purpose is to ensure victims have appropriate support and increase their confidence in the criminal justice system.

This involves victims of DA being contacted by telephone by legal staff at an early stage in the case, complementing the support already provided by Victim Information and Advice (VIA). This is often done during the preparation for a case management hearing.

Where the allegations involve a contravention of Section 1 of the Domestic Abuse (Scotland) Act 2018 (DASA), in addition to the telephone contact applicable in all cases of domestic abuse, complainers are offered the opportunity of a face-to-face meeting with the trial depute in advance of the trial, usually two weeks beforehand.

SCM project team

If you have any feedback regarding Summary Case Management, please do not hesitate to share it with us using the SCM project Team email address:

SCMProjectTeam@copfs.gov.uk

Defence Agent Service (DAS) team 

defenceagentservice@copfs.gov.uk

Scottish Legal Aid Board

• For Criminal Applications during office hours (8.30am to 5.00pm), it’s 0131 560 2138.  
• For Criminal Applications out of hours (5.00pm to 10.00pm during the week, and 10.00am to 10.00pm at weekend), there is a helpline for solicitors on 0131 560 2180.